A spokesman for the Bobo family said they are upset that Mark Pearcy wasn't in Decatur Court General Sessions Court this morning for his preliminary hearing.

Pearcy has been charged with tampering with evidence and accessory after the fact, along with his brother Jeffrey Pearcy, in the case surrounding the murder and kidnapping of nursing student Holly Bobo.

Mark Pearcy wasn't at his scheduled preliminary hearing this morning because attorneys said he's in federal custody. State attorneys said they didn't know Pearcy was meant to be in court today.

Pearcy was indicted by a federal grand jury on June 16 on two charges of illegal firearm possession.

"The family feels like this morning was a waste of time, and it pretty much was," said Keith Byrd, a friend of the Bobo family. "It's embarrassing for the state that they didn't have things together. They should have had the defendant (Pearcy) here and his attorney. I personally think they dropped the ball this morning."

Despite the setbacks today, Byrd said he still believes the state can handle the case and that they're serious about prosecuting it.

"The state is perfectly capable of handling it," he said.

Byrd said the Bobo family didn't know about the hearing until last night.

"They feel some what neglected, but this was a bump in the road and we'll get back on track and things will work out," Byrd said.

Investigators believe the Pearcy brothers have knowledge of a video that shows Bobo tied up and crying. Jeffrey Pearcy has said he and his brother are innocent and they don't have knowledge of any tape.

Zachary Adams and Jason Autry have been charged with the murder and kidnapping of Bobo.

Byrd has also been elected Decatur County sheriff and will take office on Sept. 1. Read more about what he said his plans were as sheriff in regards to the Bobo case in Tuesday's Jackson Sun.